Barker v. Withers

Lovins, Judge:

A writ of error and supersedeas was allowed by this Court on the petition of Thelma J. Poindexter on December 5, 1955.

This is an action of trespass on the case brought in the Circuit Court of Cabell County by Madaline Barker, doing business as Barker Dress Shop, plaintiff, against the defendants Charles T. Withers and Thelma J. Poin-dexter, to recover for an alleged injury to the merchandise of the plaintiff, caused by the alleged negligence of the defendants.

The case was tried by a jury upon a plea of the general issue, with the result that the jury returned a verdict in favor…